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LAND TENURE SYSTEM IN NIGERIA

CHAPTER ONE

INTRODUCTION

The land system of a given society is the manner in which land is owned and possessed. It is an institutional framework within which decisions are taken about the use of land, embodying that legal or customary arrangement whereby individuals or groups or organizations gain access to economic and social opportunities through land (Udo, 2003). The land system is also constituted by the rules and procedures which govern the right and responsibilities of both individuals and groups in the acquisition, use and control of land. Denman (1978) argued that all societies of whatever culture and political creed have land systems woven of property rights. These property rights lend form to the proprietary land units. The proprietary land unit is the decision-making unit which is fundamental to all positive decisions about land use and comprises two elements, the run of property rights and the area of physical land to which they pertain (Denman and Prodano, 1972). Any land system may portray categories of estates or rights in land. These rights are absolute or non-derivative interests and derivative interests. The absolute interests are those rights in land that confer upon their holders unconditional interests in perpetuity and in terms of quality, it is regarded as the most superior form of ownership. The absolute interests confer absolute ownership rights and as such allow for the highest scope of proprietary decisions as to the use and management of land. The derivative interests on the other hand are interests that have been derived or carved out from the larger estates or superior estates (Udo, 2003).They are inferior in quality and include leaseholds, life interests, kola tenancy,mortgage,borrowed interests, pledges, among others (Nwabueze,1972).It is important to note that, the land ownership structure in Nigeria is based on the absolute and derivative interests. The structure of ownership of these interests in Nigeria has evolved through three major periods. These are the pre-colonial, colonial and post - colonial periods. This paper therefore examined the various dynamics of land tenure system in pre - colonial and post - colonial Nigeria. It further looked at how land ownership has been an albatross to social, political and economic development of Nigeria with regards to the Land Use Decree 6 of 1978 as Amended.